R v Paul Xiradis [2018] NSWDC 423

R v Paul Xiradis [2018] NSWDC 423

Although the offence was towards the bottom of the range for supply of illicit drugs, the offender supplied 5.23 grams of cocaine, slightly above the indictable quantity, and the objective seriousness called for a custodial sentence. His diagnosed problems did not impair his judgment, and his choice to sell drugs for cash was not excused. However, because he was young, of prior good character, pleaded guilty at the earliest opportunity, had strong evidence of remorse and rehabilitation, was in full-time responsible employment, and had excellent prospects of not reoffending, a 20 month sentence discounted by 25% to 15 months was suspended under s 12.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Convicted and sentenced to 1 year and 3 months imprisonment, with execution of the sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 on entry into a good behaviour bond for 1 year and 3 months.
Legal Topics
['supply of Prohibited Drug' 'cocaine' 'suspended Sentence' 'guilty Plea' 'rehabilitation' 'good Character' 'form 1 Offences']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'cocaine' 'suspended Sentence' 'guilty Plea' 'rehabilitation' 'good Character' 'form 1 Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying 5.23 grams of cocaine after an early guilty plea.' "Whether the offender's mental condition, gambling and substance use reduced his moral culpability." 'Whether a full-time custodial sentence was required or a suspended sentence under s 12 of the Crimes (Sentencing Procedure) Act 1999 was appropriate.' "What weight should be given to the offender's youth, prior good character, remorse, employment and prospects of rehabilitation."]

Ratio Decidendi

Although the offence was towards the bottom of the range for supply of illicit drugs, the offender supplied 5.23 grams of cocaine, slightly above the indictable quantity, and the objective seriousness called for a custodial sentence. His diagnosed problems did not impair his judgment, and his choice to sell drugs for cash was not excused. However, because he was young, of prior good character, pleaded guilty at the earliest opportunity, had strong evidence of remorse and rehabilitation, was in full-time responsible employment, and had excellent prospects of not reoffending, a 20 month sentence discounted by 25% to 15 months was suspended under s 12.

Court Disposition

Convicted and sentenced to 1 year and 3 months imprisonment, with execution of the sentence suspended under s 12 of the Crimes (Sentencing Procedure) Act 1999 on entry into a good behaviour bond for 1 year and 3 months.

Orders

  • ['Paul Xiradis is convicted of supplying a prohibited drug, namely cocaine, on 2 February 2017 at Surry Hills.' 'The offender is sentenced to imprisonment for one year and three months.' 'Under s 12 of the Crimes (Sentencing Procedure) Act 1999, execution of the sentence is suspended.' 'The offender is to be...